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Potential Serious Lifetime Consequences

Being convicted of sexual battery, rape, exposure of sexual organs or lewd & lascivious act committed upon a child will negatively impact your life forever.

Certain offenses carry a long mandatory prison sentence. Most convictions preclude employment in children, elder, daycare, law enforcement, education and health care related fields.

Quick Law Review

800.02 Unnatural and lascivious act.—

  • A person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
  • A mother’s breastfeeding of her baby does not under any circumstance violate this section.
800.03 Exposure of sexual organs.—

  • It is unlawful to expose or exhibit one’s sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. Violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
  • A mother’s breastfeeding of her baby does not under any circumstance violate this section.
800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.—

  • (1) DEFINITIONS.—As used in this section:
    • (a) “Sexual activity” means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.
    • (b) “Consent” means intelligent, knowing, and voluntary consent, and does not include submission by coercion.
    • (c) “Coercion” means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.
    • (d) “Victim” means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer.

  • (2) PROHIBITED DEFENSES.—Neither the victim’s lack of chastity nor the victim’s consent is a defense to the crimes proscribed by this section.
  • (3) IGNORANCE OR BELIEF OF VICTIM’S AGE.—The perpetrator’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a defense in a prosecution under this section.
  • (4) LEWD OR LASCIVIOUS BATTERY.—A person who:
    • (a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or
    • (b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity
      commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  • (5) LEWD OR LASCIVIOUS MOLESTATION.—
    • (a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.
    • (b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4.
    • (c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or
    • 2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    • (d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

  • (6) LEWD OR LASCIVIOUS CONDUCT.—
    • (a) A person who:
      • 1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
      • 2. Solicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct.

    • (b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    • (c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  • (7) LEWD OR LASCIVIOUS EXHIBITION.—
    • (a) A person who:
      • 1. Intentionally masturbates;
      • 2. Intentionally exposes the genitals in a lewd or lascivious manner; or
      • 3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.
    • (b) An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    • (c) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

  • (8) EXCEPTION.— A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this section.

More About Sex Crimes

Promptly retaining me to pursue every viable criminal defense on your behalf is crucial. Fact finding and witness location immediately post arrest is important to being found not guilty.

Many prosecutions are motivated by greed, jealousy or retribution. Often the victim is a relative or “ex”. I am skilled at presenting your testimony and evidence persuasively. I know how to cross examine the alleged victim and their witnesses so the jury will not consider them credible or find you guilty based on false evidence presented by them. Often a well-worded letter drafted by me explaining your version of the event and emotional issues (if any), enclosing sworn witness statements will convince the prosecution to “drop or reduce” your prosecution.

Often I can convince the police and prosecutor to not prosecute you or your child because of mitigating factors.

Affordable Sex Offense & Indecent Exposure Adult & Juvenile Criminal Defense

My indecent exposure fees start at $1,000. Juvenile fees may be less. My sex offense fees start at $2,000. Call now to discuss the facts of your case and my low down, pay-as-you-go fees.

Contact Attorney Robert M. Marasco

Rockledge Law Office

Marasco Law Office
208 Hardee Lane
Rockledge, Florida 32955
(P) (321) 631-3476

Cocoa Law Office

Marasco Law Office
550 South Cocoa Blvd
Cocoa, Florida 32922
(P) (321) 433-3476

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